Davis v. Bowmar
Mississippi Supreme Court
Appeal from the Chancery Court of Warren County. Hon. Edwin Hill, Chancellor. On June 15, 1874, the appellant, Jefferson Davis, filed his bill against J. H. D. Bowmar and J. D. Smith, as executors of the last will and testament of Joseph E. Davis, deceased, and Joseph D. Mitchell, Mary E. Hamer, William D. Hamer, Margaret Davis, Jefferson Davis, Jr., William Davis, and Varina Davis, devisees and legatees, and B. T. Montgomery, W. T. Montgomery, and Isaiah Montgomery,…
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Appeal from the Chancery Court of Warren County. Hon. Edwin Hill, Chancellor. On June 15, 1874, the appellant, Jefferson Davis, filed his bill against J. H. D. Bowmar and J. D. Smith, as executors of the last will and testament of Joseph E. Davis, deceased, and Joseph D. Mitchell, Mary E. Hamer, William D. Hamer, Margaret Davis, Jefferson Davis, Jr., William Davis, and Varina Davis, devisees and legatees, and B. T. Montgomery, W. T. Montgomery, and Isaiah Montgomery, purchasers of the land which is the subject of the suit. The statements of the bill are as follows : “First. That on the 39th…
1DissentSimrall, C. J.
When the opinions of the majority of the court were read, I announced that my impressions were adverse to the conclusions of my associates, and that, so soon as my health would admit, I would carefully consider the case and put in writing my views. That duty I have performed.
For convenience of the investigation, the subjects involved may be divided into these propositions :
1. Was Jefferson Davis the owner of the Brierfield plantation ?
2. Did Joseph E. Davis, in the sale of it to the Montgomerys, act on behalf of, and as agent of, Jefferson (as averred in the bill), or did he dispose of it in…
2Cases cited16 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
- Manufacturers' & Traders' Bank v. HazardNew York Court of Appeals · 1864
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